U.S. Court of Appeals for the D.C. Circuit, 1953

National Homeopathic Hospital v. Hord

U.S. Court of Appeals for the D.C. Circuit · Decided April 9, 1953 · Prettyman, Faiiy, Washington

204 F.2d 397; 92 U.S. App. D.C. 204; 1953 U.S. App. LEXIS 2443 (Federal Reporter, Second Series)

Counsel

Mr. Cornelius H. Doherty, Washington, D, C., for appellant., Mr. David G. Bress, Washington, D. C., with whom Messrs. John M. London and Armand Newmyer, Washington, D. C., were on the brief, for appellee. Mr. Alvin L. Newmyer, Washington, D. C., also entered an appearance for appellee.

Cases that cite this one

21 later published cases cite this decision. The 20 that cite it most often are listed here.

Doe v. Binker (D.C. 1985)
Vincent A. Alden v. Providence Hospital, George W. Ware, and Habeeb Bacchus (D.C. Cir. 1967)
Elliott v. Michael James, Inc. (D.C. Cir. 1977)
Greater Southeast Community Hospital v. Williams (D.C. 1984)
Tompkins v. Washington Hospital Center (D.C. 1981)
District of Columbia v. Barriteau (D.C. 1979)
United States v. Alice L. English (9th Cir. 1975)
Rose v. Hakim (District Court, District of Columbia 1971)
Hankins v. Southern Foundation Corp. (District Court, District of Columbia 1963)
Virginian Railway Company, a Corporation v. James Ernest Rose, an Infant, by Ernest Rose, His Next Friend, and Ernest Rose and Janice Rose (4th Cir. 1959)
Eatmon v. Driggers (D.C. 1956)
Himes v. MEDSTAR-GEORGETOWN UNIVERSITY MEDICAL CENTER (District Court, District of Columbia 2010)
Himes v. Medstar-Georgetown University Medical Center (District Court, District of Columbia 2010)
Sandra J. Hartke v. Dr. William McKelway Sandra J. Hartke v. Dr. William McKelway (D.C. Cir. 1983)
Barrett v. Charlson (Md. Ct. Spec. App. 1973)
Reed v. Gulf Oil Corporation (District Court, District of Columbia 1963)
Lucille M. Rankin, Administratrix on the Estate of Ronald Rankin, Deceased v. Shayne Brothers, Inc., Billy F. Rankin v. Shayne Brothers, Inc. (D.C. Cir. 1956)
Foster v. Donora Southern Railroad (District Court, W.D. Pennsylvania 1956)
Hampton v. United States (District Court, D. Nevada 1954)
Snyder v. United States (District Court, D. Maryland 1953)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

This is an appeal from a judgment for the plaintiff in an action for damages for the death of a child three days old. The facts are stated in an opinion rendered by Judge Holtzoff, denying defendant’s motion for a new trial. Hord v. National Homeopathic Hospital, D.C.1952, 102 F. *398 Supp. 792. The contention principally urged by the defendant-appellant is that the jury should have been instructed to confine its verdict, in the event it found for the plaintiff, to the out-of-pocket expenses actually incurred by the parents. We cannot accept this contention. For the reasons set forth in the opinion of the District Court, damages in a case such as the present may be substantial in amount. ’Of course, “if in a particular case the verdict is deemed excessive the trial justice or the United States Court of Appeals for the District of Columbia, on appeal of the cause, may order a reduction of the verdict”. Section 16-1201, D.C.Code 1951 (relative to suits for wrongful death). But appellant has not asked us to take action of that sort. And the amount of the verdict here ($17,-000) is not so extreme as to cause us to act of our own motion.

The remaining contentions of the appellant relate chiefly to rulings on points of evidence. None of them appear to us to require discussion here. The evidence of negligence was ample, and the case was properly submitted to the jury.

There being no error, the judgment of the District Court will be

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.